Does the Owner of a strata have to pay the costs of remedying a contravention of the Statutory Bylaw?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan BCS 1208 v. Lee, 2021 BCCRT 1290 (CanLII):
49. Further, I find that the strata did not comply with the procedural requirements set out in SPA section 135. Bylaw fines may be invalid if the procedural requirements set out in section 135 are not strictly followed (Terry v. The Owners, Strata Plan NW 309, 2016 BCCA 449). I find that strict compliance is equally necessary when the strata requires a person to pay the costs of remedying a contravention, as the same provisions of section 135 are engaged.
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